What are my rights ifmy employer has been deducting from my paycheck for medical benefits but has not paying for them?

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What are my rights ifmy employer has been deducting from my paycheck for medical benefits but has not paying for them?

First, they gave me a bad check that was returned and will not even cover the return fee, although they did give me a new check. Now, I took my 2 kids to the their yearly checkup and found out after services were rendered that I no longer have coverage. My employer has been taking out money from my paychecks for medical insurance but according to the insurer, it has terminated services with my company. To date, it has not notified anyone that there is no longer any medical benefits. I do not want to quit or I will not get unemployment. What are my rights?

Asked on March 2, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your main option is to sue. The employer has *no* right to do this. You can sue for the return of the money taken out for the benefits not provided; you can also sue for for any costs you incurred as a result (e.g. for any medical bills you have to pay out of pocket). YOu can also sue for the money in the bad check (if they never made it good) and for the fees from that. From what you write, you may have a very good case, but you have to sue to get your money--no one will get it for you. For example, the company's behavior may be criminal as well, so you could report them to the police, but a criminal prosecution is about punishment, not reimbursement--it's not designed to return you your money. You should speak with an attorney, and good luck.


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